Make sure that all signatures are indeed notarized.If they produced identification, that it specifies the type of identification produced by each signor,.That it identifies whether the signors are personally known to the notary or whether they produced identification,.Making sure that the notary block specifies that the testator’s signature and that of all witnesses (2 or possibly even 3) are being notarized,.Proper notarization of a Will in Florida requires, among other things: Which brings us back to our point: if your Will is notarized (and it should be), it is imperative that it be done correctly. In short, the affidavit is “proof” that the Will was executed correctly. It also saves time and money because with a self-proving Will, the attesting witnesses need not come into court and personally testify to their signing of the Will. This affidavit shortens the probate process because it verifies that the document is indeed the testator’s Last Will and Testament. The affidavit in a self-proving adjures that the testator signed the Will in the presence of 2 witnesses and that the witnesses signed the Will in the presence of the testator and each other. Having a self-proving Will saves valuable time and money during probate. Wills that are notarized or require notarization of the testator’s and witness’ signatures are called “self-proving” Wills. If you are making a Will, you should have your signature notarized. The witnesses must sign their names in the presence of the testator and each otherĪs you can see, technically, the statutory requirements do not require that the signatures be notarized.ĪND YET… Will Signatures Should Be Notarized.The testator’s signature must appear at the end of the Will.To be valid, a Will must comply with the law’s requirements paraphrased below: Do You Have to Notarize Your Will?īefore we get further into today’s discussion, let’s first address whether you have to have your signature notarized in order for your Will to be valid in Florida. If you are going to have your Florida Will notarized (which we recommend you do), or if you are a notary and you are notarizing a Florida Will, it is critical that the notary block be correct.īecause the ramifications of improperly notarizing a Will can be significant and costly. Failing to specify whether the people whose signatures are being notarized are personally known to the notary or whether they produced some type of identification.Failing to notarize the witnesses’ signatures (in other words, only the testator’s signature is notarized), or.While there are several different types of defects, some of the more common include: So often we see Wills (“Last Will and Testament”) that have defective notary blocks.
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